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Employment Lawyer Network:

Joseph L. Beachboard (Editor)

California Employment Law

(213) 239-9800

Click for Full Bio

Joseph L. Beachboard is a nationally recognized expert on employment law issues who speaks regularly at SHRM and other HR events. He also is a regular contributor to several national and California publications. In 2000, Mr. Beachboard sold The Labor Letters, Inc., a publisher of monthly employment law journals that he founded to advise human resource professionals. He is a founding member and executive director of the Management Employment Law Roundtable, a national, invitation only, organization of management labor and employment lawyers.

Sexual harassment doesn’t always have to focus on sexual activity

An intense focus on sexual activity or sex characteristics isn’t always necessary to prove sexual harassment. As long as the victim can link the behavior she’s calling harassment to her sex in some way, she’s got a case.

You don’t have to send out a search party to notify absent employees of leave policies

Em­­ployers that have tried to tell an em­­­ployee what’s missing in a leave request don’t have an independent obli­­gation to hunt down the employee to give her the information if she hasn’t provided contact information.

Consider outsourcing background checks

Have the vendor limit the information it passes along to brief summaries instead of exhaustive details about applicants’ backgrounds.

Beverly Hills faces onslaught of lawsuits against top cop

Almost 10% of the Beverly Hills Police Department’s officers have sued the chief of police, Sandra Spagnoli, alleging sexual misconduct and bigotry.

Note all details that led up to discipline

Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.

Count errors to make a solid case for discipline

If it’s possible, quantify any mistakes employees make. For example, if you can count specific errors, track the number.

When it comes to discipline, details matter

Smart employers are ready to counter charges of discrimination with details about the underlying reasons for discipline.

How will upcoming expungement of marijuana-related records affect hiring?

Q. We’ve heard that soon, Californians who have prior marijuana convictions may have their marijuana-related criminal records expunged. How might this affect our hiring processes?

Exempt employees and the reasonable relationship test

The reasonable relationship requirement exists so an employer may compute an exempt employee’s earnings on an hourly, daily or shift basis without the employee losing exempt status or the employer violating the salary basis requirement.

California employers face new #MeToo environment

New laws are changing the way California employers must resolve sexual harassment claims. In addition to requiring more training on sexual harassment, two new statutes took effect on Jan. 1.